Tag: Equal Employment Opportunity Commission (EEOC)

Case Study: Employee Fails to Connect Racial Acts to Adverse Action

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]

Appellate Court Rules for Employer on Interactive Process Issue

In a recent decision, the Appellate Division, Second Department ruled an employer’s alleged failure to engage in the “interactive process” wasn’t an independent element of a disability discrimination claim under the New York State Human Rights Law (NYSHRL). Read on to understand what this decision means for your business and why it is normally always […]

New DOL Guidance Address Mental Health Leave Under FMLA

The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. Recently, the U.S. Department of Labor (DOL) reminded employers that mental health affects both employees […]

Software, Algorithms, and AI: New EEOC Guidance for Employers

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s interview questions and upload them for a robot to review. Using software to review applicant […]

Ugh, We Didn’t Think Like That: Cognitive Dissonance in Litigation

Litigation is hard, complicated, and always surprising. It can be very difficult for an organization to plan for the business issues that litigation brings. But no matter how many times you have dealt with litigation, some things seem to take businesses by surprise every time. These are all issues that are worth discussing with your […]

Time Is on Her Side: Temporary Disabilities Under the ADA

The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and regulations adopted by the Equal Employment Opportunity Commission (EEOC) interpreting the law make clear the term “disability” should be interpreted broadly. Conditions that […]

Caring for Caregivers: Understanding Caregiver Discrimination Under Federal Laws

As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers, whether they are caring for children, a spouse, an individual with a disability, or older relatives. Practically, issues arise when […]

Companies Report Rise in Labor and Employment Class Actions

Aggressive regulatory action and an increase in workplace safety claims, including many related to the COVID-19 pandemic, have fueled a rise in labor and employment (L&E) collective claims, including “follow-on” class actions, according to Carlton Fields’ 2022 class action survey. 

Failure to Accommodate Autistic Worker Ends with Settlement of EEOC Disability Lawsuit

The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with or without a reasonable accommodation. Once an employee discloses the need for a reasonable accommodation, […]

Using Artificial Intelligence Hiring Tools May Lead to Disability Discrimination

Employers using artificial intelligence (AI) to evaluate job applicants and employees may run afoul of laws prohibiting discrimination against people with disabilities, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently warned. If your business is relying on that increasingly common technology, be sure it isn’t having a disparate impact […]